Borough of Springdale, PA Chapter 362 Rental Property

[HISTORY: Adopted by the Borough Council of the Borough of Springdale as indicated in article histories. Amendments noted where applicable.]

Article I Occupancy Registration

[Adopted 4-5-1983 by Ord. No. 1056]

§ 362-1 Notification of tenants and occupants.

From and after the date of passage of this article, the owners of any multiple-family dwelling, as well as of any buildings or structures containing rental apartments or units located within the geographical boundaries of the Borough of Springdale, shall notify the Borough Secretary of the name and address of all current occupants or tenants on or before July 1, 1983, shall supply the names and addresses of all new tenants or occupants occupying said rental unit or apartment after July 1, 1983, and shall notify the Borough Secretary when a tenant or occupant vacates the premises or terminates possession.

§ 362-2 Contents of form.

The notification required shall be on forms supplied by the Borough without charge, said forms to be available on request at the Borough office and shall contain the following information:

A. The name and address of the current tenant or occupant and the names of all children, dependents or others residing with said tenant or occupant.

B. Said form shall be used for the name and address of any new tenant or occupant and the names of all children, dependents or others residing with said tenant or occupant who takes possession or shall occupy the apartment or unit after July 1, 1983, and the date that occupancy takes place.

C. Said form shall be used for the name and address of any tenant or occupier who terminates possession or vacates the premises after July 1, 1983, and the date the premises were vacated.

§ 362-3 Changes in occupancy.

The notification required under this article as to new tenants or occupants occupying after July 1, 1983, or tenants or occupants vacating premises after July 1, 1983, shall be submitted to the Borough Secretary or other official designated by Borough Council within 30 days after a new tenant or occupant moves into said rental apartment or unit, and in the event that a tenant or occupant terminates possession or vacates the premises, a similar notice to that effect shall be submitted within 30 days of the date of vacation of the premises by said tenant or occupant.

§ 362-4 Forms.

All forms required to be used under this article shall be available without charge at the Springdale Borough office, Municipal Building, 325 School Street, Springdale, PA 15144, and a current up-to-date registration of all such multiple-family dwellings or rental units or apartments shall be maintained by the Borough office.

§ 362-5 Violations and penalties.

Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any of the provisions of this article shall, upon conviction thereof before any Magisterial District Judge duly authorized to hold hearings thereon, be sentenced to pay a fine of not more than $100, and costs of prosecution, and, in default of payment of such fine and costs, to undergo imprisonment for not more than 10 days. Each day's violation shall constitute a separate offense, and notice to the offender shall not be necessary or required to constitute an offense.

Article II Residential Rental Unit Regulation

[Adopted 7-21-2015 by Ord. No. 1240]

§ 362-6 Title.

This article shall be known as the Borough of Springdale "Landlord Registration Ordinance."

§ 362-7 General purpose; scope; intent; findings.

A. It is the purpose of this article and the policy of the Council of the Borough of Springdale, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and occupants relating to the rental of certain residential rental units in the Borough of Springdale and to encourage owners and occupants to maintain and improve the quality of rental housing within the community. It is also the policy of the Borough that owners, managers/emergency contacts and occupants share responsibilities to obey the various codes adopted to protect and promote public health, safety and welfare. As a means to those ends, this article provides for a system of inspections, issuance and renewal of occupancy licenses and sets penalties for violations. This article shall be liberally construed and applied to promote its purposes and policies. In considering the adoption of this article, the Borough of Springdale makes the following findings:

(1) In recent years, many formerly private homes have been turned into residential rental units. Those rental units have oftentimes been rented to individuals who, because they have no ownership interest in the property, have allowed the properties to deteriorate. In many cases, the owners of the properties live long distances from the Borough of Springdale. As a result, property maintenance of many rental units in the Borough of Springdale has been somewhat lax. In addition, problems have occurred because many tenants, because they have no ownership interest in the real estate, have not been concerned about following codes of the Borough of Springdale, including codes which govern maintenance and safety of the property. This, in turn, has caused problems for other homeowners near the rental units. In addition, there is a greater incidence of violation of various codes of the Borough of Springdale in residential rental properties where owners rent properties to tenants. Estimates are that over 75% of all code violations in the Borough of Springdale occur in tenant-occupied structures.

B. In considering the adoption of this article, the Borough of Springdale makes the following findings:

(1) There is a greater incidence of violations of various codes of the Borough at residential properties where owners of rental property do not reside in the Borough than at owner-occupied residential properties or family-occupied residential rental properties.

(2) There is a greater incidence of problems with the maintenance and upkeep of residential properties where Owners do not reside in the Borough than at Owner-occupied residential properties or family-occupied residential rental properties.

(3) There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where owners do not reside in the Borough than at owner-occupied residential properties or family-occupied residential rental properties.

C. This article shall be liberally construed and applied to promote its purposes and policies.

§ 362-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BOROUGH OF SPRINGDALE

The Borough of Springdale, Allegheny County, Commonwealth of Pennsylvania.

CODE

Any code or ordinance adopted, enacted and/or in effect in and for the Borough of Springdale concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or residential rental unit. Included within, but not limited by, this definition are the following, which are in effect as of the date of the enactment of this article: The Uniform Construction Code (hereinafter "UCC"), the International Property Maintenance Code, International Plumbing Code, International Fire Prevention Code, International Electrical Code, Chapter 266, Floodplain Management, the International Building Code and any duly enacted amendment or supplement to any of the above and any new enactment falling within this definition.

CODE ENFORCEMENT OFFICER

The duly appointed Code Enforcement Officer(s) having charge of the Office of Code Enforcement of the Borough of Springdale and any assistants or agents.

COMMON AREA

Any open area within a structure shared by occupants or that the occupants have the right to share, including, but not limited to, kitchens, bathrooms, living rooms, dining rooms, attics, basements and any room used for parties, social events or the congregation of people, excepting bedrooms.

DISRUPTIVE CONDUCT

Any form of conduct, action, incident or behavior perpetrated, caused or permitted by any occupant or visitor of a residential rental unit that is so loud, untimely (as to hour of the day), offensive, riotous or that otherwise disturbs other persons of reasonable sensibility in their peaceful enjoyment of their premises such that a report is made to police and/or to the Code Enforcement Officer, complaining of such conduct, action, incident or behavior. It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for a person to have perpetrated, caused or permitted the commission of disruptive conduct, as defined herein; provided, however, that no disruptive conduct shall be deemed to have occurred unless the Code Enforcement Officer or police shall investigate and make a determination that such did occur, and keep written records, including a disruptive conduct report, of such occurrence.

DISRUPTIVE CONDUCT REPORT

A written report of disruptive conduct on a form to be prescribed therefor, to be completed by the Code Enforcement Officer or police, as the case may be, who actually investigates an alleged incident of disruptive conduct and which shall be maintained by the Code Enforcement Officer.

EMERGENCY CONTACT

Also known as the "manager."

GUEST

A person on the premises with the actual or implied consent of an occupant.

LANDLORD

One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a residential rental unit (same as "owner").

LANDLORD-TENANT ACT

The Landlord and Tenant Act of 1951, 68 P.S. § 250.101 et seq.

MANAGER

An adult individual designated by the owner of a residential rental unit.

OCCUPANCY LICENSE

The license issued to the owner of residential rental units under this article, which is required for the lawful rental and occupancy of residential rental units.

OCCUPANT

An individual who resides in a residential rental unit, whether or not he or she is the owner thereof, with whom a legal relationship with the owner/landlord is established by a lease or by the laws of the Commonwealth of Pennsylvania.

OWNER

One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, including a mortgage holder in possession of a residential rental unit.

OWNER-OCCUPIED RENTAL UNIT

A rental unit in which the owner resides on a regular, permanent basis.

PERSON

A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.

POLICE

The Police Department of the Borough of Springdale or any properly authorized member or officer thereof or any other law enforcement agency having jurisdiction within the Borough of Springdale.

PREMISES

Any parcel of real property in the Borough, including the land and all buildings and appurtenant structures or appurtenant elements, on which one or more rental units are located.

RENTAL AGREEMENT

A written agreement between owner/landlord and occupant/tenant supplemented by the addendum required under § 362-9E, embodying the terms and conditions concerning the use and occupancy of a specified residential rental unit or premises.

RESIDENTIAL RENTAL UNIT

Any structure within the Borough of Springdale which is occupied by someone other than the owner of the real estate as determined by the most current deed and for which the owner of the said parcel of real estate receives any value, including but not limited to money or the exchange of services. Each apartment within a building is a separate structure requiring inspection and a license.

STRUCTURE

Any human-made object, the use of which requires an ascertainable stationary location on land whether or not it is affixed to the land. Each apartment within a building is a separate structure.

TENANT

An individual who resides in a rental unit, whether or not he or she is related to the owner thereof, with whom a legal relationship with the owner/landlord is established by a lease or by the laws of the Commonwealth of Pennsylvania (same as "occupant").

§ 362-9 Duties of owner.

A. General. It shall be the duty of every owner to keep and maintain all rental units in compliance with all applicable state laws and regulations and local ordinances and to keep such property in good and safe condition. The owner/landlord shall be responsible for regularly performing all maintenance, including lawn mowing and ice and snow removal, and for making any and all repairs in and around the premises. As provided for in this article, every owner/landlord shall be responsible for regulating the proper and lawful use and maintenance of every dwelling which he, she or it owns. This section shall not be construed as diminishing or relieving, in any way, the responsibility of occupants or their guests for their conduct or activity, nor shall it be construed as an assignment, transfer or projection over or onto any owner of any responsibility or liability which occupants or their guests may have as a result of their conduct or activity under any private cause of action, civil or criminal enforcement proceeding, or criminal law; nor shall this section be construed so as to require an owner to indemnify or defend occupants or their guests when any such action or proceeding is brought against the occupant based upon the occupant's conduct or activity.

B. Designation of manager/emergency contact. Every owner who is not a full-time resident of the Borough of Springdale, and/or who does not live within 15 air miles of the boundaries of the Borough of Springdale, shall designate a manager/emergency contact who shall reside in an area that is within 15 air miles from the Borough of Springdale. If the owner is a corporation, a manager/emergency contact shall be required if an officer of the corporation does not reside within the above-referenced area. The officer shall perform the same function as a manager/emergency contact. If the owner is a partnership, a manager/emergency contact shall be required if a partner does not reside within the above-referenced area. Said partner shall perform the same function as a manager/emergency contact. The manager/emergency contact shall be the agent of the owner for service of process and receiving of notices and demands, as well as for performing the obligations of the owner under this article and under rental agreements with occupants. The identity, address and telephone number(s) of a person who is designated as manager/emergency contact hereunder shall be provided by the owner or manager/emergency contact to the Borough, and such information shall be kept current and updated as it changes.

C. Disclosure. The owner or manager/emergency contact shall disclose to the occupant, in writing, on or before the commencement of the tenancy:

(1) The name, address and telephone number of the manager, if applicable.

(2) The name, address and telephone number of the owner of the premises.

D. Maintenance of premises.

(1) The owner shall maintain the premises in compliance with the applicable codes of the Borough of Springdale and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make any and all repairs necessary to fulfill this obligation.

(2) In every case, however, the owner has ultimate responsibility in maintaining the property. In no case shall the existence of any agreement between owner and occupant or any other third party relieve an owner of any responsibility under this article or other ordinances or codes for maintenance of the premises. Rather, the owner shall at all times remain responsible for maintaining the property and enforcing the terms of this article.

E. Rental agreement.

(1) Prohibited provisions. Except as otherwise provided by this article, no rental agreement may provide that the occupant or owner agrees to waive or to forgo rights or remedies under this article. A provision prohibited by this subsection included in a rental agreement is unenforceable.

(2) Upon request by the Borough of Springdale, the owner, within 10 days of the request, shall furnish to the Borough of Springdale a list of tenants.

F. Registration. Every owner of a residential rental unit must register the unit with the Code Enforcement Officer/Borough office in accordance with the following schedule:

(1) All owners of residential units must register the units with the Code Enforcement Officer/Borough office within 30 days after the effective date of this article.

(2) Any individual, entity or firm which converts any structure to a residential rental unit or units shall register the residential rental unit or units with the Code Enforcement Officer of the Borough of Springdale within 30 days of the completion of the conversion of the unit or units or within 30 days of the time when any rent, including the exchange of other services for the unit or units, is obtained or within 30 days of the date within which a tenant or tenants occupies the unit or units, whichever time period is sooner.

(3) It shall be the responsibility of the grantee and the grantee's agent in the purchase of the said real estate, including the grantee's attorney or title company, to notify Springdale Borough within 72 hours of any purchase or transfer of a rental unit.

(4) The owner of a residential rental unit must update the registration information on record with the Code Enforcement Officer within 10 days of any changes of the information set forth below.

(5) All owners of any residential rental unit living outside of the fifteen-air-mile limit set forth in § 362-9B must have a local manager/emergency contact who shall reside within 15 air miles of the Borough of Springdale and who shall be available as an emergency contact person.

(6) Registration information shall be provided to the Borough of Springdale by all owners and shall include the following:

(a) Owner name, address, telephone number.

(b) Local manager name, address, telephone number (an emergency contact person).

(c) Property address and number of units.

(d) Maximum occupancy per unit.

(e) Emergency telephone number.

(f) Actual number of occupants.

(g) Names and addresses of current tenants.

(7) In addition to complying with any and all other Borough regulations and ordinances, including obtaining an occupancy permit, any owner of a residential rental unit shall notify the Borough of Springdale at the Borough Building within 10 days of a new tenant occupying, renting or residing in the landlord's or owner's residential rental unit.

(8) Notwithstanding any other provisions of this article, the names and addresses of a tenant shall not be disclosed by any Borough personnel in the event that the tenant is the subject of a court order requiring that this information be kept confidential.

G. Landlord-Tenant Act. The owner shall comply with all provisions of the Landlord-Tenant Act.

H. Enforcement.

(1) Within 10 days after receipt of written notice from the Code Enforcement Officer that an occupant of a residential rental unit has violated a provision of this article, the owner shall take immediate steps to remedy the violation and take steps to assure that there is not a reoccurrence of the violation.

(2) In the event that a second violation occurs within a license year involving the same occupant or occupants, the Code Enforcement Officer will continue to cite the owner.

I. Code violations. Upon receiving notice of any code violations from the Code Enforcement Officer, the owner shall promptly take action, or cause the necessary action to be taken, to abate the offending condition and eliminate the violation.

J. Borough can make repairs. In case the owner of premises shall neglect, fail or refuse to comply with any notice from the Borough or its Code Enforcement Officer to correct a violation relating to maintenance and repair of the premises under any code in effect in the Borough of Springdale within the period of time stated in such notice, the Borough may cause the violation to be corrected. There shall be imposed upon the owner a charge of the actual costs involved, plus 10% of said costs for each time the Borough shall cause a violation to be corrected, and the owner of the premises shall be billed after same has been completed. Any such bill which remains unpaid and outstanding after the time specified therein for payment shall be grounds for the imposition of a municipal lien upon the premises as provided by law. Such a lien may be reduced to judgment and enforced and collected as provided by law, together with interest at the legal rate and court costs. The remedies provided by this subsection are not exclusive, and the Borough and its Code Enforcement Officer may invoke such other remedies available under this article or the applicable codes, ordinances or statutes, including, where appropriate, condemnation proceedings or declaration of premises as unfit for habitation; or suspension, revocation or nonrenewal of the license issued hereunder.

K. Inspections. The owner shall permit inspections of any premises by the Code Enforcement Officer at reasonable times upon reasonable notice. Under no circumstances shall an owner refuse to permit an inspection within five business days of receiving a request to inspect.

L. Smoke alarms. All owners of residential rental units in the Borough of Springdale shall be required, within five days of the passage of this article, to install smoke alarms, regardless of the occupant load, at the following locations:

(1) On the ceiling or wall outside each separate sleeping area in the immediate vicinity of the bedrooms;

(2) In each room used for sleeping purposes;

(3) In each story within a dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics.

M. Carbon monoxide alarms. All owners of residential rental units in the Borough of Springdale shall be required to install and maintain carbon monoxide alarms in compliance with state law.

N. Noncompliance.

(1) Any parcel of real estate containing a residential rental unit which has been found to be in noncompliance with this article, after inspection and reinspection, shall be subject to reinspection by the Code Enforcement Officer as follows:

(a) Each residential rental unit referred to above shall be inspected one time each year. A particular residential unit which contains a violation of this article shall be reinspected as set forth above.

(b) In addition, each residential rental unit shall be inspected each time one of the residential rental units is vacant.

(2) In the event of a violation, a residential rental unit cannot be occupied unless and until the unit is approved as meeting the criteria of this article and any other applicable codes of the Borough of Springdale, as determined by the Enforcement Officer.

(3) Notice of violation; remedies.

(a) If, after inspection of one or more of the residential rental units as set forth above, the Code Enforcement Officer determines that there are violations of any codes of the Borough of Springdale, the Code Enforcement Officer shall provide a notice of violation which shall, at a minimum, set forth the following:

[1] Street address of the property.

[2] Date of the inspection.

[3] Name of the inspector.

[4] List of violations.

(b) Within 10 days after receipt of a written notice from the Borough of Springdale Code Enforcement Officer that there has been a violation of this section or any other applicable ordinances of the Borough of Springdale, the owner shall take immediate steps to remedy the violation and take steps to assure that there will not be a reoccurrence of the violation.

(c) Within 20 days after receipt of a notice of violation, the owner of a residential rental unit shall file with the Code Enforcement Officer a report on a form provided by the Borough of Springdale setting forth what action the owner has taken to remedy the violation and what steps he or she has taken to prevent a reoccurrence of the violation. The report shall also set forth a plan as to steps the owner will take in the future if the violation reoccurs, as listed in Borough Code.

(d) The Code Enforcement Officer shall review the report and, if adequate steps have been taken and the plan is adequate to address future violations, shall approve the plan. The owner, on his or her initiative, shall enforce the plan, and failure to do so shall be a violation of this article of the Borough of Springdale.

(4) If, after a violation as set forth above, a parcel of real estate containing residential rental units has no violations of applicable codes of the Borough of Springdale for a period of two years, said property shall then be deemed to be back in compliance with the terms and conditions of this article and shall not then be subject to the inspections set forth in this section until there are other violations.

(5) If a parcel of real estate in noncompliance with the terms and conditions of this article or other ordinances of the Borough of Springdale is sold, then the parcel of real estate shall remain in noncompliance until the sooner of the following has occurred:

(a) The original two-year period with no violations passes with no further violations; or

(b) If 12 months passes after purchase by the new owner with no violations of any ordinances of the Borough of Springdale.

(c) No new owner will inherit noncompliance if remedy is made.

(6) All owners of any real estate containing or upon which are erected any residential rental unit which are in noncompliance with this article and who desire to sell the parcel of real estate shall notify the purchasers, in writing, prior to the sale of the parcel of real estate that the parcel of real estate is in noncompliance with the terms and conditions of this article. Further, any property owner selling a parcel of real estate upon which is erected a residential rental unit or units which is or are found to be in noncompliance under the terms and conditions of this article shall notify the Code Enforcement Officer or the Borough office, in writing, within 30 days prior to closing on the sale of said parcel of real estate.

(7) All owners of any parcels of real estate containing residential rental units shall permit access to the property so that the Code Enforcement Officer of the Borough of Springdale, or his or her designee, shall be able to complete all inspections necessary to determine compliance with this article and any other applicable ordinances of the Borough of Springdale. Refusal to allow entry of the residential rental unit by the Code Enforcement Officer of the Borough of Springdale to inspect the said unit shall be a violation of this article.

(8) For the purpose of enforcing this article, the Code Enforcement Officer, or his designee, may seek to obtain a search warrant issued by a competent authority for the purpose of compelling an inspection or otherwise enforcing the terms and conditions of this article.

(9) The Code Enforcement Officer may reinspect any property subject to a notice of violation upon expiration of the time to accomplish repairs or upon notice from the owner that the violations have been rectified.

(10) The owner of any property containing or upon which is erected a residential rental unit shall pay a $45 fee for each and every reinspection to cover the cost of a reinspection each time a reinspection is required under the terms of this article or each time a reinspection is requested by the Code Enforcement Officer to determine compliance with this article or any other applicable ordinances of the Borough of Springdale. The fee set forth herein may be increased or decreased by a resolution of Springdale Borough Council.

O. Tenant registration.

(1) Beginning upon the effective date of this article, all tenants, the name the unit is in, who are renting a residential rental unit or residential rental units in the Borough of Springdale shall within 60 days of the passage of this article present to the Code Enforcement Officer in Borough of Springdale one form of identification which shall include a state-issued driver's license or photo identification card.

(2) The Borough Code Enforcement Officer shall record the name of the tenant, the landlord's name, the date of registration, the address of the leased property and the type of identifying information presented and shall have the tenant attest, in writing, that the information provided is true and correct subject to the penalties provided for unsworn falsification to authorities.

(3) If a tenant is unable to present this information in person on account of a disability or infirmity, the Code Enforcement Officer of the Borough of Springdale shall provide alternative means to provide this information in order to reasonably accommodate the tenant.

(4) Each time an occupant changes, the owner must inform the Borough of Springdale within 10 days; he or she shall register with the Borough of Springdale within 10 days of entering into the landlord-tenant relationship and/or occupying the premises and provide the information referenced above.

P. The owner shall maintain and provide upon demand the following:

(1) The current license and current inspection report issued by the Code Enforcement Office of the Borough of Springdale.

(2) The addendum to the license application required by this article, showing the names of the authorized occupants of the residential rental unit.

(3) The total number of persons who may occupy the residential rental unit or units and any common areas located within the rental unit.

(4) A notice will be signed by the tenant that there is an ordinance which can be picked up at the Borough office: a notice of ordinances and statutes applicable to the occupants of the rental unit on a placard provided by the Borough of Springdale.

(5) The notices required by this section shall be maintained in such a way so as to minimize tampering and removal.

§ 362-10 Duties of occupant.

A. General. The occupant shall comply with all obligations imposed upon occupants by this article, all applicable codes and ordinances of the Borough of Springdale and all applicable provisions of state law.

B. Health and safety regulations. The occupant shall deposit all rubbish, garbage and other waste from his or her rental unit into containers provided by the owner or landlord in a clean and safe manner.

C. Peaceful enjoyment. The occupant shall conduct himself or herself and require other persons, including, but not limited to, guests on the premises and within his or her rental unit with his or her consent, to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others, and that will not disturb the peaceful enjoyment of adjacent or nearby dwellings by the persons occupying same.

D. Residential use. The occupant shall, unless otherwise permitted by applicable law or ordinance, occupy or use his or her rental unit for no other purpose than as a residence.

E. Illegal activities. The occupant shall not engage in, nor tolerate, nor permit others on the premises to engage in, any conduct declared illegal under the Pennsylvania Crimes Code (18 Pa.C.S.A. § 101 et seq.) or Liquor Code (47 P.S. § 1-101 et seq.), or the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq.).

F. Disruptive conduct.

(1) The occupant shall not engage in, nor tolerate, nor permit others on the premises to engage in disruptive conduct or other violations of this article.

(2) When police or the Code Enforcement Officer investigates an alleged incident of disruptive conduct, he or she shall complete a disruptive conduct reported upon a finding that the reported incident did, in his or her judgment, constitute disruptive conduct as defined herein. The information filled in on said report shall include, if possible, the identity or identities of the alleged perpetrator(s) of the disruptive conduct and all other obtainable information, including the factual basis for the disruptive conduct requested on the prescribed form. Where the police make such investigation, said police officer shall then submit the completed disruptive conduct report to the Code Enforcement Officer. In all cases, the Code Enforcement Officer shall mail a copy of the disruptive conduct report to the owner or manager/emergency contact within three working days of the occurrence of the alleged disruptive conduct, whether the person making the investigation on behalf of the Borough is the Code Enforcement Officer or police.

(3) In the event that a second violation occurs within a twelve-month period, involving the same occupant or occupants, the police will report to the District Attorney and all applicable agencies. The Code Enforcement Officer may direct the owner to evict the occupant or occupants who have violated this article of the Code of the Borough of Springdale and to not permit the occupant to occupy the premise during any subsequent period.

G. Compliance with rental agreement. The occupant shall comply with all lawful provisions of the rental agreement entered into between owner and occupant. Failure to comply may result in the eviction of the occupant by the owner.

H. Inspection of premises. The occupant shall permit inspections by the Code Enforcement Officer of the premises at reasonable times, upon reasonable notice.

I. Disruptive conduct. It shall be a violation of this article for any occupant or any other person to engage in disruptive conduct as defined by this article.

§ 362-11 Licenses and inspection.

A. License requirement.

(1) As a prerequisite to entering into a rental agreement or permitting the occupancy of any rental unit [except as provided in Subsection A(3) below], the owner of every such rental unit shall be required to apply for and obtain a license for each rental unit.

(2) A license shall be required for all residential rental units.

(3) The following categories of rental properties shall not require licenses and shall not, therefore, be subject to the permitting provision of this article:

(a) Owner-occupied dwelling units, provided that not more than two unrelated individuals, in addition to the immediate members of the owner's family, occupy the dwelling unit at any given time.

(b) Hotels and motels.

(c) Hospitals and nursing homes.

(d) Bed-and-breakfast units as defined in Chapter 490, Zoning.

(4) The application for the license shall be in a form as determined by the Borough.

(5) In the event that a license is denied by the Code Office, the owner shall have the right to appeal to the Borough Council of the Borough of Springdale within 30 days of mailing of the notice of denial of the application. The hearing before the Borough Council shall be governed by the Local Agency Law.[1]

[1] Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

B. License term, fee and occupancy limit.

(1) Upon application for a license and prior to the issuance or renewal thereof, each applicant shall pay to the Borough a license and inspection fee, in an amount to be established from time to time by resolution of the Borough Council of the Borough of Springdale. The initial fee for a license shall be $50 for each residential rental unit/apartment. The license shall indicate thereon the maximum number of occupants in each rental unit.

(2) No license shall be issued if the owner has not paid any fines and costs arising from enforcement of this article or any of the ordinances of the Borough of Springdale relating to land use and/or code enforcement or if any licensing fees under this article are due and owing to the Borough.

C. Search warrant. Upon a showing of probable cause that a violation of this article or any other ordinance of the Borough of Springdale has occurred, the Code Enforcement Officer or police may apply to the Magisterial District Judge having jurisdiction in the Borough of Springdale for a search warrant to enter and inspect the premises.

§ 362-12 Grounds for nonrenewal, suspension or revocation of license.

A. General. The Code Enforcement Officer may initiate disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the owner's license for violating any provision of this article that imposes a duty upon the owner, and/or for failing to regulate the breach of duties by occupants as provided herein.

(1) Definitions of options. As used in this section, the following terms shall have the meanings indicated:

FORMAL WARNING

Formal written notification of at least one violation of this article. Upon satisfactory compliance with this article and any conditions imposed by the Code Enforcement Officer and/or the Borough Council, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Enforcement Officer or by the Borough Council.

NONRENEWAL

The denial of the privilege to apply for license renewal after expiration of the license term. The Borough will permit the owner to maintain occupants in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Enforcement Officer or by Borough Council.

REVOCATION

The immediate loss of the privilege to rent residential rental units for a period of time set by the Code Enforcement Officer or the Borough Council and the loss of the privilege to apply for renewal of the license at the expiration of the time period. Upon the loss of the privilege to rent, the owner shall take immediate steps to evict the occupants.

SUSPENSION

The immediate loss of the privilege to rent residential rental units until violation is corrected. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be restrained. Upon suspension, the owner shall take immediate steps to evict the occupants.

B. Criteria for applying discipline. The Code Enforcement Officer, when recommending discipline, and the Borough Council, when applying discipline, shall consider the following:

(1) The effect of the violation on the health, safety and welfare of the occupants of the residential rental unit and other residents of the premises.

(2) The effect of the violation on the neighborhood.

(3) Whether the owner has prior violations of this article and other ordinances of the Borough or has received notices of violations as provided for in this article.

(4) Whether the owner has been subject to disciplinary proceedings under this article.

(5) The effect of disciplinary action on the occupants.

(6) The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.

(7) The policies and lease language employed by the owner to manage the rental unit to enable the owner to comply with the provisions of this article.

(8) In addition to applying discipline as set forth above, the Code Enforcement Officer may recommend and Borough Council may impose upon the existing or subsequent licenses reasonable conditions to fulfilling the purposes of this article.

C. Grounds for imposing discipline. Any of the following may subject an owner to discipline as provided for in this article.

(1) Failure to abate a violation of Borough codes and ordinances that apply to the premises within the time directed by the Code Enforcement Officer.

(2) Refusal to permit the inspection of the premises by the Code Enforcement Officer as required by§  362-9K of this article.

(3) Failure to take steps to remedy and prevent violations of this article by occupants of residential rental unit as required by § 362-9N(3)(b) of this article.

(4) Failure to file and implement an approved plan to remedy and prevent violations of this article by occupants of a residential rental units as required by § 362-9N(3)(c) of this article.

D. Procedure for nonrenewal, suspension, or revocation of license.

(1) Notification. Following a determination that grounds for nonrenewal, suspension or revocation of a license exist, the Code Enforcement Officer shall notify the owner of the action to be taken and the reason therefor. Such notification shall be in writing, addressed to the owner in question, and shall contain the following information:

(a) The address of the premises in question and identification of the particular residential rental unit(s) affected.

(b) A description of the violation which has been found to exist.

(c) A notice that the residential rental unit(s) is in violation of this article with a specification of the grounds of the violation. Such violations must be cured within 30 days from the date of the notice.

(d) A statement informing the owner that he, she or it has a right to appeal the decision that the owner is in violation of this article by submitting, in writing, to the Borough, within 30 days from the date printed on the notice, a detailed statement of the appeal, including the grounds therefor and the reason(s) alleged as to why the determination of the Code Enforcement Officer is incorrect or should be overturned, and a statement of the relief requested by the appellant. Such notice of appeal may be required to be submitted on a form to be prescribed therefor by Borough Council, to be signed by the appellant. There is hereby imposed a fee for filing of such appeals, the amount of which shall be determined and established from time to time by resolution of the Borough Council.

(e) Upon receipt of such an appeal in proper form, accompanied with the requisite filing fee, the Borough shall schedule a hearing, to be held at the time and date of the next regularly scheduled Borough Council meeting, not less than 10 days from the date on which the appeal is filed.

(f) The appellant and the Code Enforcement Officer shall receive written notice of the hearing on the appeal.

(g) Borough Council shall hold a hearing on the appeal which shall be conducted in accordance with the Local Agency Law, 2 Pa.C.S.A. § 751 et seq. The appellant and all other parties having an interest may be heard. Based on the facts and arguments of the appellant and of the Code Enforcement Officer and any police or other public officials involved, and any relevant factual presentations of other parties, the Borough Council shall make a decision either affirming, reversing, or modifying the action of the Code Enforcement Officer from which the appeal was taken. Such decision shall be rendered at a public meeting either immediately following the hearing or within 30 days thereafter. The decision shall be reduced to writing stating clearly the factual and legal basis for the decision, within 45 days after the hearing. If Borough Council deems it necessary or desirable, it may continue the hearing to a subsequent time and date not later than 45 days from the initial hearing, which time and date shall be openly announced at the initial hearing, and in such case, the time limits for rendering the decision and reducing it to writing set forth herein shall be calculated from the last hearing date (at which the substance of the decision is orally announced).

(2) Delivery of notification.

(a) All notices shall be sent to the owner or manager/emergency contact, if applicable, by certified mail. In the event that the notice is returned by the postal authorities marked "unclaimed" or "refused," then the Code Enforcement Officer or police shall attempt delivery by personal service on the owner or manager/emergency contact if applicable. The police or Code Enforcement Officer shall also post the notice at a conspicuous place on the premises.

(b) If personal service cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner or manager/emergency contact at an address stated on the most current license application for the premises in question by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the United States Mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the United States Mail, and all time periods set forth under Subsection D(1) above shall thereupon be calculated from said fifth day.

E. Nonexclusive remedies. The penalty provisions of this article and the license nonrenewal, suspensions and revocation procedures provided in this article shall be independent, non-mutually exclusive separate remedies, all of which shall be available to the Borough as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures in this article for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the Borough in the case of a violation of any other Code or ordinance of the Borough, whether or not such other Code or ordinance is references in this article and whether or not an ongoing violation of such other Code or ordinance is cited as the underlying ground for a finding of a violation of this article.

§ 362-13 Miscellaneous provisions.

A. Notices. For purposes of this article, any notice required hereunder to be given to a manager/emergency contact shall be deemed as notice given to the owner.

(1) There shall be a rebuttal presumption that any notice required to be given to the owner under this article shall have been received by such owner if the notice was given to the owner in the manner provided by this article.

(2) A claimed lack of knowledge by the owner of any violation hereunder cited shall be no defense to license nonrenewal, suspension or revocation proceedings as long as all notices prerequisite to institution of such proceedings have been given and deemed received in accordance with the applicable provisions of this article.

B. Changes in ownership occupancy. It shall be the duty of each owner of a residential rental unit to notify the Code Enforcement Officer or the Borough office, in writing, of any change in ownership of the premises or of the number of residential rental units on the premises. It shall also be the duty of the owner to notify the Code Enforcement Officer or the Borough office, in writing, of any increase in the number of occupants in any residential rental unit or of the changing of a rental unit from owner-occupied to non-owner-occupied, which thereby transforms the dwelling into a residential rental unit for purposes of this article.

C. Owners severally responsible. If any residential rental unit is owned by more than one person, in any form of joint tenancy, as a partnership, or otherwise, each person shall be jointly and severally responsible for the duties imposed under the terms of this article, and shall be severally subject to prosecution for the violation of this article. All owners shall be responsible and served.

§ 362-14 Enforcement; violations and penalties.

A. This article shall be enforced by the Code Enforcement Officer of the Borough of Springdale.

B. Basis for violation. It shall be unlawful for any person, as either owner or manager/emergency contact of a residential rental unit for which a license is required, to operate without a valid, current license issued by the Borough of Springdale authorizing such operation. It shall also be unlawful for any person, either owner or manager/emergency contact, to allow the number of occupants of a residential rental unit to exceed the maximum limit as set forth on the license or to violate any other provision of this section. It shall be unlawful for any occupant to violate this section.

C. Penalties.

(1) Any landlord or owner of a residential unit which violates any of the § 362-9F(1) through (6) of this article, together with all of the subsections thereunder, shall, upon conviction thereof, be sentenced to pay a fine of $500 for each and every offense. Each day of the said violation shall be a separate offense.

(2) Any landlord or owner of a residential rental unit which violates any of the provisions of § 362-9M through P of this article, together with all or any subsections thereunder, shall incur the following penalties, upon receipt of permit.

(a) For the first offense. Any owner or landlord violating any of the above-listed sections shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of $100 for each and every offense. Each day of the said violation shall be a separate offense.

(b) For the second offense. Any owner or landlord violating any of the above-listed sections shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of $300 for each and every offense. Each day of the said violation shall be a separate offense.

(c) For the third offense. Any owner or landlord violating any of the above-listed sections shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of $500 for each and every offense. Each day of the said violation shall be a separate offense.

(3) Any landlord or owner of a residential rental unit who violates § 362-11 of this article shall, upon conviction, be sentenced to pay a fine of not less than $1,000.

D. Fines as imposed through this article shall be collected as allowable by law.

E. Each day during which any owner of a residential rental unit violates any provision of this article shall constitute a separate offense.

F. This section and the foregoing penalties shall not be construed to limit or deny the right of the Borough of Springdale or its agents or representatives to such equitable or other remedies as may otherwise be available with or without process of law.

G. In addition to the fines set forth herein, the Borough of Springdale shall be entitled to reasonable attorney's fees incurred in enforcing this article. The said fees shall be added to any penalties set forth above.

H. The owners of all residential rental units in the Borough of Springdale shall have the responsibility of making sure that all occupants within their rental units comply with and abide by this article of the Code of the Borough of Springdale.